COMPLAINTS AND COMMENDATIONS REGARDING THE POLICE

Transcription

COMPLAINTS AND COMMENDATIONS REGARDING THE POLICE
* Other submissions filed with the Ministry of the Interior are:
anonymous complaints in connection with performance of police
officers; petitions by legal entities which have not been signed by an
authorized person; grievances not relating to performance of police
personnel; criminal charges against persons; reports of violations of
other regulations; requests; suggestions; opinions, etc.
If you know, or strongly suspect that a police officer
has committed or is commiting a criminal offense,
please report this to Internal Affairs Divistion, who
will immediately conduct the necessary inquiries
into the allegations.
8. HOW CAN I COMMEND A POLICE
OFFICER AND TO WHOM DO I
SUBMIT THE COMMENDATION?
You may commend police oficer(s) for acting appropriately and responsibly towards you and when
in communicating with members of the public police personnel respected human dignity of all persons and acted to uphold the Ministry’s good name
by sending the commendation to the organizational
unit in which the police officer(s) is/are employed,
or to Internal Affairs Division.
It would be useful that you provide personal information and sign the commendation, so it can play
an important part in the procedure of official commendation of the police officer in question.
9. WHERE CAN I OBTAIN THE
COMPLAINT/COMMENDATION
FORM?
Complaint/Commendation Form and the Brochure
with all necessary explanation regarding the proceedings is available in all police stations.
Complaint/Commendation Form is also available
at Internal Affairs Division’s presentation on the
Ministry’s official website, http://prezentacije.mup.
sr.gov.yu/sukp/sukp.htm
Exceptionally, when warranted and at your written
request, the form may be delivered to you at your
home address.
INTERNAL AFFAIRS DIVISION MAIN OFFICE:
Bulevar Zorana Đinđića 104 (Bulevar AVNOJ-a),
11070 Novi Beograd
Telephone: 011/31-31-840
Fax: 011/30-08-183
E-mail: [email protected]
Internet: http://prezentacije.mup.sr.gov.yu/sukp/sukp.htm
SUBDIVISION – Center Beograd:
(For police departments: Belgrade, Pančevo and Valjevo)
Bulevar Despota Stefana 107, 11000 Beograd
Telephone/Fax: 011/329-39-10
MINISTRY OF THE INTERIOR
OF THE REPUBLIC OF SERBIA
INTERNAL AFFAIRS DIVISION
OF THE POLICE
POLICE IN THE SERVICE
OF CITIZENS
SUBDIVISION – Center Novi Sad:
(For police departments: Novi Sad, Zrenjanin, Subotica, Sremska
Mitrovica, Sombor, Kikinda and Šabac)
Pap Pavla 46, 21000 Novi Sad, Telephone: 021/488-53-52
SUBDIVISION – Center Niš:
(For police departments: Niš, Zaječar, Leskovac, Vranje, Bor, Prokuplje
and Pirot)
Nade Tomić 14, 18000 Niš, Telephone/Fax: 018/503-337
– Office in Vranje:
Matije Gupca 4, 17000 Vranje, Telephone/Fax: 017/414-847
– Office in Leskovac:
Koste Stamenkovića 1, 16000 Leskovac, Telephone: 016/251-299
– Office in Prokuplje:
Tatkova 4, 18400 Prokuplje, Telephone: 027/324-499 Ext. 136
SUBDIVISION – Center Kragujevac:
(For police departments: Kragujevac, Požarevac, Jagodina, Čačak,
Užice, Kraljevo, Kruševac, Smederevo, Novi Pazar and Prijepolje)
Svetozara Markovića 41, 34000 Kragujevac, Telephone: 034/379-128,
Fax: 034/379-168
– Office in Jagodina:
Boška Buhe bb, 35000 Jagodina, Telephone/Fax: 035/242.649
– Office in Novi Pazar:
37. sandžačke divizije bb, 36300 Novi Pazar, Telephone: 020/314-744
Ext. 156
We wish to thank the OSCE Mission to Serbia for the
assistance provided in developing and printing of this leaflet.
COMPLAINTS AND
COMMENDATIONS
REGARDING THE
POLICE
1. SHOULD I FILE A COMPLAINT
REGARDING THE POLICE?
You may file a complaint regarding the MoI police officers if you are aware of misconduct or shortcomings
in their performance, specifically if you believe that by
acting unlawfully and inappropriately police officers
violated your rights and freedoms, namely if they:
• behaved inappropriately towards you;
• used undue force;
• arrested you unlawfully;
• made it impossible for you to exercise your
rights;
• violated your rights in any other way.
By calling attention to alleged unlawful or improper
behavior on the part of Ministry employees, members
of the public assist the Police in proving cases of abuse
or other misconduct, so that appropriate legal action
can be taken.
Preferably, your complaint regarding the police should
be filed within 30 days of the alleged violation of your
rights and freedoms.
2. HOW DO I FILE A COMPLAINT?
The complaint may be filed:
• in writing;
• orally, which fact shall be entered on the record;
or
• electronically.
3. WHAT SHOULD I INCLUDE IN MY
COMPLAINT?
Your complaint should:
• be understandable;
• contain your name and surname and other personal information, including residence and telephone number;
• contain information on time and place of the
events and a brief description of the police officer’s action or failure to act which forms the basis
for your complaint, and other useful information;
• be signed.
All information in your complaint, and in particular
your personal information, will be treated as confidential.
4. TO WHOM DO I SUBMIT MY
COMPLAINT?
Complaints regarding police officers may be submitted to:
• the Police Department in which the implicated
police officer is employed;
• the Internal Affairs Division Main Office.
You will be informed in writing on the further proceedings regarding the complaint.
You may file your complaint personally or through an
authorized representative (such as your attorney or
an organization that provides legal aid). In order for a
third party to represent you, you must authorize them
in writing.
5. WHAT HAPPENS TO MY COMPLAINT?
Your complaint will be considered first by the head of
the unit in which the implicated officer is employed.
The competent senior officer will conduct the proceedings in accordance with regulations and in an impartial manner, and:
• call you and conduct interviews with you in connection with the allegations in the complaint;
• conduct interviews with any eywitnesses and other persons deemed to have knowledge of useful
information;
• gather and review official documentation;
• obtain medical records and other documentation;
• interview the implicated police officer;
• take all other necessary steps to review the matter.
The procedure must be concluded within 15 days of
the complaint.
In cases where you as the complainant agree with the
position taken by the unit head regarding the review
of your complaint, the review procedure will be considered completed and complaint resolved. This fact
shall be entered on the record.
6. WHAT WILL HAPPEN IF I DISAGREE WITH
THE FINDINGS OF THE HEAD OF ORGANIZATIONAL UNIT, OR FAIL TO RESPOND TO A
REQUEST FOR INTERVIEW?
All documents will be handed over to a Commission
(composed of a representative of Internal Affairs Di-
vision, a representative of the police authorized by
the Minister, and a civilian representative), which
then conducts further proceedings to resolve the
complaint.
• Should the Commission decide that your complaint is founded, confirming there have been
shortcomings in the performance of the implicated police officer(s), measures will be taken in
order to file criminal, misdemeanor, disciplinary, material and other charges.
• The decision of the Commission on the complaint is final.
• A written response on the decision of the Commission will be sent to you, informing you that
you may pursue other legal remedies to preserve your rights and freedoms if you are not
satisfied with the outcome of the review.
• The entire complaint resolution procedure must
be concluded within 45 days of the complaint.
Your attendance will be required at the session of
the Commission. A written notice to appear before
the Commission shall be sent to you.
It is not mandatory that you appear in the course of
the proceedings before the competent senior officer,
or to attend the session of the Commission.
7. WHAT WILL HAPPEN WITH MY
OTHER SUBMISSIONS TO THE
POLICE?
All other submissions* filed with the Ministry of the
Interior which are not complaints will be handled
by the Internal Affairs Division, or another relevant
organizational unit in the Ministry authorized to do
so by Internal Affairs Division.
• Internal affairs Division or other relevant organizational unit in the Ministry will immediately
conduct the inquiries into the allegations.
• Personal information you provide will be treated as strictly confidential and will make it possible for us to contact you for further assistance
in the matter.
• Should you file an anonymous complaint, you
will deny yourself the right to be informed of
the outcome.